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HomeMy WebLinkAbout2007-04-03 Planning Board Minutes SIORTH Of�tL[d Id q r� .0 a O� 10L ^/ F+ T a Co[wi twKX k' T SSACHUS�� 4 5 TOWN OF NORTH ANDOVER 6 PLANNING BOARD 7 Minutes of the Meeting 8 April 3, 2007 9 Senior Center, 120R Main Street 10 7:00 PM 11 12 Members present: Richard Nardella, Chairman 13 John Simons, Vice Chairman 14 Alberto Angles, Clerk 15 Jennifer Kusek, Member 16 Timothy Seibert, alternate member 17 18 Member absent: Richard Rowen 19 20 Staff present: Lincoln Daley, Town Planner 21 Mary Ippolito, Planning Assistant 22 23 Chairman Nardella opened the meeting at approximately 7:15 pm and announced the following 24 postponements: 25 26 POSTPONEMENTS: 27 28 Juniper Woods Realty, LLC, Juniper Woods, Map 108A, Parcel 2 — 8-Lot, Single-Family 29 Definitive Subdivision and Planned Residential Development. First meeting date: August 1, 30 2006. Waiver on file until May 1st 31 32 GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47.- Site 33 Plan Review Special Permit - Construct 25,900 s.f. retail/office building within General Business 34 zoning district. 35 36 Crusader Paper, 350 Holt Road, Map 78, Parcel 01 — Site Plan Review Special Permit in 1-2 37 zoning district. Proposed construction of 18,000 s.f addition to existing Crusader Paper 38 building. Requested to be heard at April 17th PB meeting. 39 40 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer, discuss drainage 41 issues regarding Chestnut Street. Awaiting plan from developer. 42 43 W 44 Chair announced there were no discussion items tonight. 45 46 Planning Board Minutes of theMeeting April 3.2007 Page I I Chair announced the following continued hearing: 2 San Lau Realty Trust, 109423 Main Street, Map 29, Parcel 48 - Site Plan Review Special r 3 Permit. Proposed renovation of existing Messina's Shopping Center includes construction of 4 new buildings in the area of the existing market, retail pharmacy and liquor store. G-B zoning 5 district. Submitted revised plan showing parking lot. 6 7 Lincoln stated Chris Huntress would give a brief update on status of application. Mr. Huntress 8 included his previous revisions submitted to VH13 regarding minor changes. Applicant is in 9 front of ZBA, an issue of the kiosk inhibited site distance in front of First Street. The kiosk is ' 1.0 located further back from the street according to a letter submitted by Dermott Kelly, letter for 11 the record. Engineer narrowed the main drive from 28 feet to 25 feet, added landscaped islands, 12 turned sidewalks into the lot, minor change to drainage, added man hole, 6 feet wide islands with 13 trees, saved 2 major trees along Main street, spaced trees approximately every 7 feet. Cars 14 should not be backed up at drive thru pickup area because this area is designated for pick up only 1.5 (even if a customer wanted to buy a bottle of water it wouldn't be sold at drive pickup area). 16 Dermott Kelly reviewed the parking and found it to be a safe area. Lincoln has not had a chance 17 to review the VHB comments submitted on 4/3/07 nor has Chris Huntress had a chance. VHB 18 requested zoning table to be added to plan. Prepare site preparation plan relating to utility poles, 19 will be rebuilding most of sidewalks, utilities have been left in place so that when underground 20 utilities are put in process can be streamlined. Issue of the number of parking spaces that ended 21 up being half could actually be something greater than half. Snow removal issue is important. 22 Lincoln wants VHB comments addressed before going ahead w/drafting a decision. Chair will 2.3 close the public hearing after VHB's comments are addressed. 24 25 Mr. and Mrs. Bean, abutters, submitted a letter. Mr. Huntress should address their issues. 26 27 Atty. John Smolak stated that the hours of operation would be 8:00 AM to 9:00 PM he'll have a 28 definitive set of hours by the next PB meeting. Maybe there will be a 24-hour store operation? 29 PB stated that this location of CVS services our Senior's and if CVS chooses to be open 24 hours 30 this would be a good service to offer for our Senior's. PB is in receipt of un-dated letter noting 31 issue pertaining to revised shopping center pian signed by abutters on First Street, Bingham Way 32 and Waverley Road. This is an active location; PB is not in favor of increasing traffic in fact 33 people will have to enter from Main St., or First St. 34 35 Lighting is a concern of the PB; be prepared to address this issue at the next PB meeting, 36 downcast lighting has leakage, make it a motion sensor kind of thing. Steve Livermore, 37 Architect, presented a demonstration of back lighting in upper story false windows from a 38 project he did in Georgetown. He presented a demonstration of gooseneck lighting of a 39 Hamilton, MA CVS drive thru which has similar features as our CVS project. Chair liked the 40 latter example. PB wants lighting directed from a soffit to be directed inward into the building. 41 Do a time clock so when store shuts down at 9:00 PM lights are controlled by a time clock. It 42 would be prudent to control hours of operation of the drive thru rather than controlling the 43 general hours of operation. Proposed to locate a streetlight next to the kiosk. Proposed street 44 lighting around back of building for security, loading docks located in back. 45 Planning Board Minutes ofthe Meeting April 3,2007 Page 2 I Ann Messina, applicant, stated there are two spot lights at loading dock, 6 wall back lights 2 on each building they shut off approximately at 11:00 PM or 1:00 AM, existing retaining 3 wall will stay in place. 4 5 Ellen McIntyre stated that Chris Huntress presented something different to the ZBA than 6 from what was in their ZBA packets, This has caused a time lag for the ZBA to approve a 7 variance for this project. 8 9 June Thornton, 22 School St., abutter, -stated that she looks out over "a case of the uglier"; 10 plantings stopped before her property, she looks out at the back of buildings, noise all night 11 long, the hill needs to have spruce plantings placed on the hill, this will stop kids from 12 climbing up the hill as they pitch rocks from this hill, spruce up the area where she lives, 13 trucks run motors sometimes backed up for 45 minutes and causes haze from motors 14 running. The lights do not go off at 11:00 PM at night. Put in short pole lights directing the 15 light to shine on the building, she's talking about the Duncan Donuts side of the building. 16 Chair wants the architect and the engineer to address Ms. Thornton's issues. Deliveries 17 occur at 4:OOAM in the morning. 18 19 Ann Messina, applicant, has been owner of this mall for 23+ years, it's a tight area, snow 20 plowing issues, First Street is highly congested with cars, customer parking, truck 21 deliveries for other business in the area. If she puts screening up Town plowing will 22 probably immediately destroy it, elevation level is 6 to 8 foot drop back there and a lot of 23 stone holds the water back. Mr. Huntress can place some ground cover on this particular 24 area? Security is a big issue around this area, people lit the building on fire because of the 25 lack of lighting and lack of activity in area she's had more vandalism in the past month 26 than she's had in the last 20 plus years. She has concerns with her employees because they 27 need adequate lighting so they can get to their cars. Show PB a plan that has the lighting 28 remaining within the property boundaries. 29 30 Dan Bean, 29 First Street, stated that the abutters who signed the petition are along First 31 Street and elderly housing as well, they all felt that a drive thru is not something they 32 would like in their neighborhood. 90 percent are opposed to the drive thru. Mr. Bean 33 doesn't want the light from the drive thru to shine directly into his window. He doesn't 34 like on street parking on First Street because it will narrow the street on both sides of the t 35 street. If CVS is a 24-hour operation then people from abutting towns will come to the 36 drive thru 24/7 causing more traffic issues than presently exist. Continue this to April 37 17t1i. Lincoln to draft a decision. 38 39 40 Chair called the following continued hearing: 41 DRAFTED DECISION: 42 43 2. Robert Maurer, 88 Johnson Street, Map 97, Parcel 2- Frontage Exception Special 44 Permit in R-3 zoning district. Proposing to subdivide existing 3+- acre parcel on Johnson 45 Street. 46 Planning Board MillUtCS Ot't17e Meeting April 3,2007 Page 3 S I Lincoln submitted a draft decision. Lincoln stated that abutters had contacted BOH regarding 2 odor problem from ground water. It is being investigated. Chair directed Lincoln to put in the 3 edits from the last PB meeting, setback of new house plus or minus 25 feet. Applicant to 4 reassemble stonewall to retain in entirety. All new houses will face the street. 5 6 Tony Capachetti of Christiansen and Sergi stated that he would address the conditions in the 7 decision if the PB has issues. Bond for $5K. PB edits in findings of facts "area of lot 2 8 exceeds 3 times the minimum required - #3 Alberto submitted his written edits, There is not 9 more than one other frontage exception lot contiguous to it. Get a restrictive covenant before 10 it's built - release of security lot 2 shall not be further subdivided - give to PB restrictive 11 covenant, runoff must be completely infiltrated - all houses required to be connected to 12 municipal sewer. PB will need to sign a plan once this gets approved. Timothy Seibert is a 13 voting member tonight. The stonewall will be re-assembled — Alberto submitted his edits in 14 bard copy form. 15 16 Motion by Alberto Angles, 2nd by Jennifer Kusek to close the public hearing vote was 17 unanimous. Motion by Jennifer Kusek, 2"d by Alberto Angles to approve 88 Johnson 18 Street Frontage Exception SP as amended this.evening, vote was unanimous 4-0 w/ 19 Timothy voting in the affirmative. 20 21 22 Chair announced'-the following public hearing warrant articles and opened them for 23 discussion: 24 25 Town Warrant Articles 26 3. Omnibus Street Acceptance. To see if the Town will vote to accept Bayfield Drive, 27 Flagship Drive, Long Pasture Road, Nutmeg Lane, Periwinkle Road, Sherwood Drive, 28 Thistle Road, Willow Street, and Willow Street (South) Extension as public ways and to 29 authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise 30 any fee, easement or other interest in the above listed streets and any easements. (Petition 31 of North Andover Board of Selectmen) 32 33 Lincoln provided the PB with the list of developers and street listings requesting to go 34 forward with Street Acceptance at the May 14, 2007 Town Meeting. Chair asked if as-built 35 drawings and street deeds/covenants etc. were submitted. Lincoln stated that the 36 application information for Long Pasture Road, Nutmeg Lane, Periwinkle Road, Thistle 37 Road, & Sherwood Drive was not submitted within the time lines required. Mary, Planning 38 Assistant notified the applicants via mail and phone of the time lines and requirements 39 (many, many, times in order to assist the developers to move forward with their street 40 acceptance process. The only applicant that submitted the required information was North 41 Andover Business Park for street acceptance for Bayfield Drive, Willow Street and Willow 42 Street (South) Extension. PB won't go forward w/ Sherwood Drive either. Lincoln didn't 43 want PB to take a vote on this article tonight. Table this until April 17th PB meeting. 44 45 Please note: John Simons is-now present at 7:26 pm. 46 Planning Board Minutes Orthe Meeting April 3,2007 Page 4 1 4. Amend Zoning Bylaw: Add New Section, Section 8.1(5) Off Street Parking Fund. 2 This article proposes adding a new section, Section 8.1 (5) to create a regulatory funding 3 mechanism allowing applicants to submit a payment to the Town in lieu of constructing off 4 street parking spaces as required by the Zoning Bylaw for projects located in the 5 Downtown District. (Petition of North Andover Board of Selectmen) 6 7 Curt Bellavance, Director of Community Development is here tonight to speak. Language 8 and comments come from feedback regarding businesses coming to Town and is due to 9 lack of parking downtown. They should go to ZBA for a parking variance. This fund 10 gives the business an alternative to parking down town. They can pay into a parking fund 11 specific account such as revolving fund to create parking within the downtown commercial 12 district. Fee based on per parking space. If it costs $3500 to create then it would be $3500 13 per parking space. PB doesn't like the notion of paying for your own parking space. Curt 14 stated that the Town of Plymouth uses this method already. PB concerned because it's 15 restrictive use of parking spaces. Site Plan review requires 5 or more parking spaces and 16 PB has the right to grant the parking of these 5 or more parking spaces. Now whom does 17 the applicant go to determine if there are enough parking spaces? Town Building Inspector 18 determines the parking requirements now? Look at paragraph #3 for how funds are 19 allocated. Much discussion took place regarding the money aspect and the zoning 20 aspect of the bylaw-- assumed the PB can't issue a Special Permit based on Article#4, 21 if there is money in the fund. (Was this also tabled to Apr. 17?) 22 23 24 25 26 5. Amend Zoning Bylaw: Add New Section, Section 7.4(5) and (6) Dimensional 27 Requirements for Building Heights. This article proposes to amend the North Andover 28 Zoning Bylaw by adding new sections, Section 7.4(5) and (6) to include the height 29 limitations/exceptions for pharmaceutical manufacturing uses, certain accessory renewable 30 energy structures, and certain uses located in an Industrial Zoned District. (Petition of 31 North Andover Board of Selectmen) 32 � 33 Curt Bellavance stated that under Section 7 there are listed exemptions relative to height 34 limitations. 7A building heights see #5 as manufacturing building is 85 feet high, so if 35 someone wants to build they can go up to 85 feet. PB discussed zoning restrictions to 36 zoning in 1-1 and zoning restricted to manufacturing building. Discussion included 37 windmill allowed in Industrial District only. There was further discussion between Curt 38 and the PB. Table this until April 17th PB meeting. 39 40 Impromptu discussion: 41 Mr. Waters, 2125 Turnpike Street was present and approached the Board to ask if they 42 would address Article #14 now because abutters were present tonight. Chair asked if the 43 applicant for the rezoning of Map 108C, Lot 9 was present. It was stated that Mr. Schwartz 44 was probably at the BOS meeting tonight, therefore, unavailable to attend the PB meeting. 45 Chair stated if applicant didn't show up at 9:15 then the PB will table this until the 46 April 17"' PB meeting. Planning Board Minutes of the Meeting April 3,2007 Page 5 1 2 3 6. Amend Zoning Bylaw: Add New Section, Section 17 Osgood Smart Growth Overlay 4 District. This article proposes to amend the North Andover Zoning Bylaw by adding 5 Section 17 Osgood Smart Growth Overlay District and in connection therewith to amend 6 the North Andover Zoning Bylaw Section 3.1 "Establishment of Districts" by adding the 7 name OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD). (Petition of 8 North Andover Board of Selectmen) 9 10 Chair wants PB to read this entire article and proposed to table this until next PB meeting. 1 I Meeting scheduled for Thursday (415107) at 10:30 AM at Community Development, 1600 12 Osgood St., if the Planning Board can attend then try to make it. Chair will try to make the 13 meeting. Is there a draft from the developer? Discussions are ongoing on a weekly basis as 14 well as discussions w/ property owner. Curt needs to produce a document to be provided at 15 Town Meeting. It's just a concept what property owner and Town agree to accomplish in 16 relation to 40R. Table this until the April 17th PB meeting. 17 18 19 20 7. Amend Zoning Map: Create Osgood Smart Growth Overlay District. This article 21 proposes to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the 22 Zoning Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY 23 DISTRICT as shown on Assessor's Map 34, Parcel 17 and identified as 1600 Osgood 24 Street, North Andover, Former Lucent Technologies Site. (Petition of North Andover 25 Board of Selectmen) 26 27 Zoning Map will accompany the 40R language. Minor changes will be made by moving 28 residential zone to the left to include the ball field. State told us to define the density on the 29 map. Table this until the April 17t1i PB meeting. 30 31 32 33 34 8. Town Meeting Warrant Article — Expedited Permitting Procedures. To see if the 35 Town will vote to accept the provisions of Chapter 43D of the Massachusetts General 36 Laws, as amended, pursuant to Section 1 I of Chapter 205 of the Acts of 2006, and to 37 approve the filing of a formal proposal with the Interagency Permitting Board for the 38 designation as an overlay for land at 1600 Osgood Street (Map 34, Parcel 17). The 39 proposed article creates a mechanism in which the state will fund. (Petition of North 40 Andover Board of Selectmen) 41 42 State passed 43D for office business development and did a study to find out where 43 Massachusetts sits in the permitting process, we were last, it takes Massachusetts 6 times as 44 long to process something then the 491h State. 43D is option to allow the Town to formally 45 submit this request to the State. We have identified 1600 Osgood Street as one of these Planning Board Minutes of the Meeting April 3,2007 Page 6 1 sites. Lincoln to provide PB with bullets as to what the provisions of 43D is. Table 2 this until the April 17th PB meeting. 3 4 5 6 9. Amend Zoning Bylaw: Amend Section 6 Signs and Sign Lighting Regulations of the 7 Zoning Bylaw. This article proposes to amend the Town of North Andover Zoning Bylaw, 8 Section 6 Signs and Sign Lighting Regulations in order to revise the sign ordinance for all 9 zoning districts. (Petition of North Andover Board of Selectmen) 10 11 Lincoln summarized that current sign regulations are vague and are currently open to 12 interpretations. New language is comprehensive and lays out definitions in new bylaw. PB 13 will table this until next PB meeting. Chair wants PB to read this article. Within zoning 14 district R-1, R-4, and R-5 there are currently signs that are misplaced, as referenced within 15 our current zoning bylaw. Lincoln took language out and he relocated language into 16 section 6 of the Sign Bylaw. BOS can permit billboards and banners. Other remaining 17 signs to be approved by the ZBA. Table this until the April 17"' PB meeting. 18 19 20 21 22 10. Amend Zoning Bylaw: Amend Sections 8.9(3)(c)(v), 89(5)(d)(vii)(3), and 8.9(8) 23 Wireless Service Facilities. This article proposes to amend the Town of North Andover 24 Zoning Bylaw, Sections 8.9(3)(c)(v), 8.9(5)(d)(vii)(3), and 8.9(8). The added language 25 eliminates the setback requirements for wireless communication facilities located within an 26 existing enclosed structure and the requirement for an approval letter from the State Board 27 of Health. The language further updates the Radiofrequency Radiation (RFR) Filing 28 Requirements for wireless communication to mirror the submissions of the FCC and 29 establishes a schedule for structural inspections of wireless facilities. (Petition of North 30 Andover Planning Board). 31 32 Lincoln stated there is a 600-foot setback for residential and school areas and upon 33 discussion w/Town Counsel he recommended that we follow FCC recommendations. 34 Chair stated PB is enforcing government regulations as a Board. Support change in the 35 dimensional requirements is ok w/PB. Motion the article to reflect this. 36 37 Motion by Alberto Angles, 2"a by John Simons to recommend favorable action to 38 amend section 8.9(3)©(V) and 8.9(5)(d)(vii)(3) and recommend favorable action to 39 delete any changes to 8.9(8) vote was unanimous 5-0 motion approved. 40 41 42 11. Amend Zoning Bylaw: Amend Usable Open Space Section 8.5.6(F). This article 43 proposes to amend the Town of North Andover Zoning Bylaw; Section 8.5.6(F) in order to 44 further clarify the definition of Usable Open Space and the method for calculation within a 45 Planned Residential Development. (Petition of North Andover Planning Board) Planning Board Minutes of the Meeting April 3,2007 Page 7 l I Lincoln is looking at how "usable open space" is used in Town, such as ponds, other 2 drainage facilities. Chair stated this would have a dramatic effect on what open space 3 actually is, it will create buffers. Motion by Alberto Angles, 2"d by John Simons to 4 recommend favorable action regarding article 11 and to amend the North Andover 5 Zoning Bylaw Section 8.5.6(F) vote was unanimous. 6 7 8 9 12. Amend Zoning Map Parcel Fronting Sutton Street — Assessors Map 28, Parcel 1 and 10 Map 39, Parcel 24. The article proposes the rezoning of the property located at 200 and 11 220 Sutton Street from their current zoning designation of Industrial-S (I-S) to Business 2 12 (B-2). (Petition of John T. Smolak, citizen petition) 13 14 At end of Main Street take a right to Sutton Streetp ass Citeo Service Station, see site it's 15 6.6 acres in total. Site is office use, and one caf6 on site. Reposition site as a "phased 16 process" for redevelopment. Site is the largest footprint in our down town area. Owner's 17 wanted to move forward at this Mayl4th Town Meeting. 18 19 Motion by John Simons, 2"d by Alberto Angles, to recommend favorable action to 20 rezone Map 28, Parcel I and Map 39, Parcel 24 for property located at 200 and 220 21 Sutton Street from their current zoning designation of I-S to B-2, vote unanimous. 5- 22 0. 23 24 25 26 13. Amend Zoning Bylaw: Amend Section 4.133 Industrial 2 District. This article proposes 27 to amend Section 4.133 Industrial 2 District of the North Andover Zoning Bylaw by adding 28 Section 4.133(24) to allow additional uses within the district and in connection therewith, 29 to amend Table 1 (Summary of Use Regulations) under the list of Permitted Uses. The uses 30 allowed mimic the uses proposed within the 40R Overlay District allowing commercial and 31 retail uses within the 12 District. (Petition of John T. Smolak, citizen petition) 32 33 Attorney John Smolak present and stated if 40R goes wrong at Town Meeting then owners 34 want retail on the site. If 40R is approved at Town Meeting then this petition will be 35 withdrawn. This may be a fall back and good idea in case 40R doesn't work well. Table 36 until April 171h PB meeting. 37 38 39 40 41 14. Amend Zoning Map Parcel Fronting Turnpike Street (Rte. 114) — Assessors Map 42 108C, Parcel 9. This article proposes to rezone a parcel of land, North Andover Assessors 43 Map 108-C, Parcel 9, located on Route 114/Turnpike Street and Berry Street from its 44 current zoning designation of Residential 2 (R2) to Corridor Development District 2 45 (CDD2). (Petition of Mark Schwartz, citizen petition) 46 Planning Beard Minutes or the Meeting April 3,2007 Page 8 I Applicant wants to reopen the warrant to change and rezone from R-2 to CDD2 district; 2 however, they are attending the BOS meeting tonight. Lincoln wants to table this issue 3 until April 17"' to give applicant time to revise the zoning issue. Table this until April 4 17"' PB meeting. 5 6 7 8 9 10 Note: Copies of the proposed language for the Warrant Articles can be found at 11 1,Vbt,Lv.towizO nortllllndover.coi71 or by contacting the Planning Department (978) 688- 12 9535. 13 14 15 Chair called for approval of the "Minutes" 16 17 Motion by Jennifer Kusek, 2"d by Alberto Angles to approve the March 20, 2007 "Minutes", 18 vote was unanimous, 5-0. 19 20 21 UPCOMING PLANNING BOARD MEETINGS: 22 23 April 17, 2007 Regularly scheduled Planning Board Meeting 24 May 1, 2007 Regularly scheduled Planning Board Meeting 25 May 14, 2007 Annual Town Meeting 26 May 15, 2007 Regularly scheduled Planning Board Meeting (CANCELLED) 27 June 5, 2007 Regularly scheduled Planning Board Meeting 28 29 30 Motion by John Simons, 2nd by Jennifer Kusek to adjourn tonight meeting, vote was unanimous. 31 Meeting adjourned at approximately 10:30 pm. 32 33 34 35 36 37 38 By order of the Planning Board 39 40 41 42 Approved Planning Board Minutes oNhe Meeting April 3,2007 Page 9